HomeMy WebLinkAbout21-098 RESOLUTION NO. 2021-98
A RESOLUTION ACCEPTING A PERPETUAL BEACH
STORM DAMAGE REDUCTION EASEMENT ON
BEHALF OF ST. LUCIE COUNTY EROSION DISTRICT
BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, that:
The foregoing Perpetual Beach Storm Damage Reduction Easement from 10330 S Ocean,
LLC is duly accepted on behalf of St. Lucie County Erosion District this 20th day of April, 2021
subject to:
• The Erosion District satisfying the U.S. Army Corps of Engineers (USACE)
requirement for project land certification, including the acquisition of
Perpetual Beach Storm Damage Reduction Easements along the project
area, sufficient to initiate construction of the proposed federal beach
project.
• The Erosion District receiving the pre-determined funding from both the
State and Federal Governments necessary to complete initial beach
nourishment.
ATTEST: ST. LUCIE COUNTY EROSION DISTRICT
ST. LUCIE COUNTY, FLORIDA
Aitta Ifik'Ath
Deputy CIe Qf COA, �� Chair
iirr
♦ Ate Z
re. + _ "y APPROVED AS TO FORM AND
% 'I' * CORRECTNESS:
coo4Y-t F1•�a'9�
BY:
County A or ey
St. Lucie County,Florida Coastal Storm Risk Management Project
PERPETUAL BEACH STORM DAMAGE REDUCTION EASEMENT
THIS EASEMENT, made this�9. day of V , 20t ( between 10330 S Ocean, LLC,
whose address is 5606 PGA Blvd. Suite 211,Palm Beach Gardens,FL 33418,hereinafter referred to as the"Grantor",
and St. Lucie County Erosion District, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter
referred to as the"Grantee".
(Wherever used herein the terms"Grantor"and"Grantee"shall include singular and plural,heirs,legal representatives,and assigns of
individuals,and the successors and assigns of corporations,wherever the context so admits or requires.)
WITNESSETH:
WHEREAS, GRANTOR owns beachfront property described in Exhibit"A", incorporated by reference and
made a part hereof;and
WHEREAS,GRANTEE and the Department of the Army have entered into a Project Partnership Agreement
for the St.Lucie County,Florida Coastal Storm Risk Management Project(the"Project")whereby GRANTEE has agreed
to be the Local Sponsor for the Project,which provides for beach and dune nourishment within the South Hutchinson
Island reach;and
o T WHEREAS,as Local Sponsor for the Project,GRANTEE is required to obtain"perpetual beach storm damage
zez
c z m i eduction"easements from owners of property in the South Hutchinson Island reach,such as GRANTOR;and
5. 17S
a in WHEREAS, it is in the interest of the GRANTOR to grant this Easement to prevent storm damage to
.? T IRANTOR's property and restore the adjacent beach and dune.
� g
409 NOW THEREFORE,in consideration of the mutual benefits to be derived from the permitted uses described
a elow and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the
arties to this easement agree to the following:
▪ ii GRANTOR does hereby bargain,convey,and grant a perpetual and assignable easement and right-of-way in,
$2 r i, over, and across the land described in Exhibit "A", which is attached hereto and incorporated herein, for use by
- cmi RANTEE,its representatives,agents,contractors,and assigns to construct;preserve;patrol;operate;maintain;repair;
• chabilitate;and replace;a public beach a dune system and other erosion control and storm damage reduction measures
D .75 gether with appurtenances thereto,including the right to deposit sand;to accomplish any alterations of contours on said
o nd; to construct berms and dunes; to nourish and renourish periodically; to move, store and remove equipment and
pplies; to erect and remove temporary structures; and to perform any other work necessary and incident to the
Instruction,periodic renourishment and maintenance of the St.Lucie County,Florida Coastal Storm Risk Management
oject,together with the right of public use and access;to plant vegetation on said dunes and berms;to erect,maintain
d remove silt screens and sand fences;to facilitate preservation of dunes and vegetation through the limitation of access
dune areas; to trim, cut, fell, and remove from said land all trees, underbrush, debris, obstructions, and any other
getation, structures and obstacles within the limits of the easement;reserving,however,to the grantor(s), (his)(her)
(its) (their) (heirs), successors and assigns, the right to construct dune overwalk structures in accordance with any
applicable Federal, State,or local laws or regulations,provided that such structures shall not violate the integrity of the
dune in shape,dimension or function,and that prior approval of the plans and specifications for such structures is obtained
from the designated representative of the Project Sponsor and provided further that such structures are subordinate to the
construction,operation,maintenance,repair,rehabilitation and replacement of the project; and further reserving to the
grantor(s),(his)(her)(its)(their)(heirs),successors and assigns all such rights and privileges as may be used and enjoyed
without interfering with or abridging the rights and easements hereby acquired;subject,however,to existing easements
for public roads and highways,public utilities,railroads and pipelines.
GRANTOR and GRANTEE shall each be responsible for their own acts of negligence when acting within the
scope of this Easement and shall only be liable for any damages resulting from their own negligence. Nothing herein is
intended to be a waiver of sovereign immunity or of any applicable statutory limitations of liability, including,but not
limited to, Section 768.28, Florida Statutes, by GRANTEE (or GRANTOR if applicable). Nothing herein shall be
construed as consent by GRANTOR or GRANTEE to be sued by third parties in any manner arising out of this Easement.
This Easement shall become effective upon proper execution by GRANTOR.
The covenants,rights,privileges,restrictions,and reservations set forth herein shall run with the land.
The terms and conditions of this Easement shall be deemed severable. Consequently, if any term or condition
in this Easement shall be held illegal or void,such determination shall not affect the validity or legality of the remaining
terms and conditions,and not withstanding any such determination,this Easement shall continue in full force and effect
unless the particular term or condition held illegal or void renders the balance of the Easement impossible to perform.
IN WITNESS WHEREOF,GRANTOR has set hereto its hand and seal on the day and year above written.
Signed,sealed and delivered
in the presence of:
/ 10330 S Ocean LLC
gv=rs v�J LLC)
Li; /13•, �R6fsK-
Witness Signature ��_I1 _ By,Signatur�ti( '�� 14...)
t `41air %���,
Print Witness Na a NAN Titl(b,j4 'eC
Witness Signature #1 Ai i : . _..
Valerie Amaya
Print Witness Name
STATE OF FLO K .triq
COUNTY OF Akt.AA,t '
The foregoing instrument was acknowledged before me by means of ✓physical presence or online
notarization, this 0 7 day of J A N , , 2021 , by pi xk. t2/ A& imiiv 3n•Of Ny itItirtt'L4 4c
of 10330 S Ocean, LLC, a Florida limited liability company, on behalf of the company. He/She is InAltiA64A2
personally known to me or has produced as identification.
[NOTARY SEAL]
10111111
....+ 371111111.1 ��
;�pP'l,P NANCY J.MULLIGAN My Co) m: ,.�!expires:
I,. * MY COMMISSION#GG 336776 p
;°a•...,%� :3,: EXPIRES:May 21,2023 •
`,"f.pp n,,, ` Bonded Tiro Notary Public Underwriters •
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///QII"��firr". 0610,..111EXHIBIT "A"
0
• ``•/////1. R-107 \\ •
\ \
\ \ LANDWARD
\ LIMITS OF
\ CONSTRUCTION
\\,/
N \13 R-108 \
- \ \\ MEAN HIGH WATER LINE
ELEVATION=0.51 NAVD 88
C':
N \ JANUARY 18,2012
`30
\\f
�� 1" = 600 FEET
N7 \\
o \ \
R-109 \ \ ATLANTIC
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\ -.. iu O4 11 y V`�
C'
\\ OCEAN ;,
B77
CTION 2,TOWNSHIP 37S,RANGE 41E \'� a
SE TION 11,TOWNSHIP 37S,RANGE 41E �T ""` �e•)
\ \\ _ 'V T',y01 12
\\ PROPOSED EASEMENT
\ \\ (SEE DETAIL SHEET 3)
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N m m
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\ J I I I , \ \\ O O
LEGEND j \ \ 0 0
m P.O.B. = POINT OF BEGINNING I \ \
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NAD = NORTH AMERICAN DATUM . \\ \ '8 =
a NAVD 88 = NORTH AMERICAN VERTICAL DATUM OF 1988 D ,„-To w
R-102 = FDEP RANGE MONUMENT(TYP) \\ \ u, u,
3 \ 1 1
m ------- MEAN HIGH WATER LINE AND EROSION ( � 0 \ z z
o CONTROL LINE AS LOCATED JANUARY 18,2012 R-112 O 0
m fr\/////////- \ \ A .
M ------- PROPOSED LANDWARD LIMITS OF CONSTRUCTION t% SI,I&\�,= °\\ m m
PROPOSED EASEMONT AREA0 AS PROVIDED BY CASTAL ECHNOLOGY CORPORATION �, �: =�,0,,,_
a 0 \\
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Morgan & Eklund Inc. $I( DESCRIPTION LEGAL D 3a: eiw9
PROFESSIONAL SURVEY CONSULTANTS PARC 4511110000I000II SOU'
SOUTH ST WOE COUNTY BEACH RESTORATION 1'=600'
M - Ivizikk
1612 NW 2ND AVENUE Mr
o M&E 4909 US HIGHWAY#1 SURE 3 FOR ST. WOE COUNTY EROSION DISTRICT 11/30/20
a VERO BEACH FL 32967 BOCA RATON FL 33432
y PHONE: (772) 388-5364 PHONE: (954) 421-6882 RID
co FAX (772) 388-3165 #4298 FAX: (9'4) 421-0425 ° C nr °°E aF suer r 1 or 3
XHII I .
f — SIRC R98 -18 2012
NAD 83/90 N=1081985.60
I E=909213.27
POINT OF BEGINNING OF WEST EASEMENT LINE
NAD 83/90 N=1081789.13
E=909316.22
Line Table
27 Line # Direction Length
L2 L1 N14' 22' 29"W 2970.72'
A,<� L2 S27' 39' 18"E 221.81'
34 10
!.(j5% L3 S23' 01' 00"E 757.60'
< 35 L4 S21' 45' 01"E 999.30'
DNR MONUMENT 94-77-A0 L5 S22' 40' 46"E 988.27'
NAD 83/90 N=1079107.8 <--A L6 S20' 27' 48"E 974.64'
E=909950.7 < ATLANTIC
TOWNSHIP 36S, RANGE 4'iE 03
OCEAN L7 S20' 39' 36"E 987.46'
TOWNSHIP 37S, RANGE 411E 1 L8 S22' 42' 50"E 972.76'
<� L9 S23' 29' 45'E 1008.81'
O
U, <� L10 S22' 12' 18"E 940.81'
3 2 0 111.50.� L12 L11 S22' 16' 46"E 654.48'
��u' L12 S19' 36' 39"E 386.32'
O� L13 S23' 36' 20"E 977.16'
�, <y L14 S23' 57' 25"E 1104.24'
\*I L15 S24` 26' 17"E 1082.21'
7� _<� 12
LPDWARD LIMITS �. S22' 27"E 1129.03 L16 S23' 50' 11"E 803.61'
L17 36' '
�N
OF ICCONSTRUC1ION
10 11 CA L18 S22' 14' 48"E 1010.56'
V. L19 S22' 36' 24"E 787.45'
L20 S22' 56' 21"E 1983.23'
I ST. LUCIE COUNTY '-(3) L21 N38' 18' 07"E 26.84'
7 MARTIN COUNTY
POINT OF TERMINATION
LL DNR MONUMENT OF WEST EASEMENT LINE
PL-R-1 4-9-92 1992 N=1065595.88 NAD 83/90
N=1065574.82 NAD 83190 E=916068.51
E- i s:051.88 L21
-,,.��..aK.q. SKETCH OF LEGAL DESCRIPTION ,�.
Morgan Eklund Inc. S��"SNi100°���•'�°7�OJ�
is _I IIKI�M N1�1M9YR 3N0 QAi110 35117-9
vw "�'�""""°'�" LANDWARD LIMITS OF CONSTRUCTION
� NasNKwda o�osnvmrnu
PROFESSIONAL BURVEY1 CONBULTANT3 I Al� p�N ��r k�� r�
,a,:ew aeo Ae -/i/I/I SOUTH ST. LUCIE COUNTY BEACH RESTORATION 1 =3000
1 ti4i - vF e 8"'' sunt 3 sz �.�i " _ FOR ST. LUCIE COUNTY EROSION DISTRICT 11�0
FAS: 78 38-1554 P FAX: 54) 421-C8 ,+ya�r —r ow a M D Qom PR m ARMY
FA%:(772)J89-J10.S #4 FAX:(Y84)421-0451 't ow LFP DWL �r Mu - 2 or 3
`18 EXHIBIT "A" `\
MEAN HIGH WATER LINE •
ELEVATION=0.51 NAVD 88 N
JANUARY 18,2012 \
,� ATLANTIC
PROPOSED V.
EASEMENT \
(0.15± Ac.) \�
u)N-D(Po OCEAN 1
Jr-- .>
cl% , ///
0 AT
451111000010006 .tJ
10330 S OEAN, LLC `r°
0 10330 S OCEAN DR `�'a
C") JENSEN BEACH, FL 34957-2502 N ••‘"3
-4
O• LANDWARD LIMITS cP� ' `.
OF CONSTRUCTION •
\ ..--10:
k.‘ \ \
•
DESCRIPTION OF PROPOSED CONSTRUCTION EASEMENT
THAT PORTION OF LANDS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 3669,PAGE 1095,OF THE PUBLIC RECORDS OF ST.
LUCIE COUNTY,FLORIDA LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT A DEPARTMENT OF NATURAL RESOURCES MONUMENT STAMPED 94 77 A06,HAVING COORDINATES OF NORTHING
1,079,107.89 FEET AND EASTING OF 909,950.79 FEET AS REFERENCED TO THE FLORIDA STATE PLANE COORDINATE SYSTEM,EAST ZONE,
NORTH AMERICAN DATUM OF 1983,1990 ADJUSTMENT(NAD83/90),PROCEED ALONG A BEARING OF
N 14°22'29"W FOR A DISTANCE OF 2,970.72 FEET TO A SET IRON ROD AND CAP STAMPED R98-18 2012,HAVING COORDINATES OF
NORTHING 1,081,985.60 FEET AND EASTING 909,213.27 FEET;THENCE S 27°39'18"E FOR A DISTANCE OF 221.81 FEET TO A POINT;HAVING
COORDINATES OF NORTHING 1,081,789.13 FEET AND EASTING OF 909,316.22 FEET,SAID POINT BEING THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED LANDWARD LIMITS OF CONSTRUCTION LINE;THENCE S 23°01'00"E FOR A DISTANCE OF 757.60 FEET TO A POINT;
THENCE S 21°45'01"E FOR A DISTANCE OF 999.30 FEET TO A POINT;THENCE S 22°40'46"E FOR A DISTANCE OF 988.27 FEET TO A POINT;
THENCE S 20°27'48"E FOR A DISTANCE OF 974.64 FEET TO A POINT;THENCE S 20°39'36"E FOR A DISTANCE OF 987.46 FEET TO A POINT;
THENCE S 22°42'50"E FOR A DISTANCE OF 972.76 FEET TO A POINT;THENCE S 23°29'45"E FOR A DISTANCE OF 1008.81 FEET TO A POINT;
THENCE S 22°12'18"E FOR A DISTANCE OF 940.81 FEET TO A POINT;THENCE S 22°16'46"E FOR A DISTANCE OF 654.48 FEET TO A POINT;
THENCE S 19°36'39"E FOR A DISTANCE OF 386.32 FEET TO A POINT;THENCE S 23°36'20"E FOR A DISTANCE OF 977.16 FEET TO A POINT;
THENCE S 23°57'25"E FOR A DISTANCE OF 1104.24 FEET TO A POINT;THENCE S 24°26'17"E FOR A DISTANCE OF 1082.21 FEET TO A
Pa POINT;THENCE S 23°50'11"E FOR A DISTANCE OF 803.61 FEET TO A POINT;THENCE S 22°36'27"E FOR A DISTANCE OF 1129.03 FEET TO A
N. POINT;THENCE S 22°14'48"E FOR A DISTANCE OF 1010.56 FEET TO A POINT;THENCE S 22°36'24"E FOR A DISTANCE OF 787.45 FEET TO A
POINT;THENCE S 22°56'21"E FOR A DISTANCE OF 1983.23 FEET TO THE POINT OF TERMINATION,HAVING COORDINATES OF NORTHING
c9 1,065,595.88 FEET AND EASTING OF 916,068.51 FEET,SAID POINT BEING 26.84 FEET DISTANT FROM A DEPARTMENT OF NATURAL
o RESOURCES MONUMENT PL-R-1 4-9-92 1992(HAVING COORDINATES OF NORTHING 1,065,574.82 FEET AND EASTING 916,051.88 FEET NAD
0 83/90)ALONG A BEARING OF N 38°18'07"E.
c
"SEE SHEET 2 FOR SKETCH OF LEGAL DESCRIPTION"
0
o
o sy '
N NOTES: s, ;'
- THIS IS NOT A SURVEY. 1 "
LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, OWNERSHIP OR CERAFlCATE of SURVEYOR�I HEREBY'CERTIFY THAT THE INFORMATION
EASEMENTS OF RECORD SHOWN HEREON IS RNCACCORDANCE WITH A RECENT FIELD SURVEY
w MADE UNDER MY-DIRECTION, AND'THAT IT IS TRUE AND CORRECT TO
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THE BEST OF MY`KI1OWLEL • 0...BELIEF,, AND MEETS,THE STANDARDS
3 OF PRACTICE AS SET r Y 174E FLORIDA BOARD OF PROFESSIONAL
LICENSED SURVEYOR AND MAPPER LAND SURVEYORS i - - ,5.1 T7,fLORIDA ADMINISMATNE CODE,
8 COASTAL CONSTRUCTION CONTROL LINE NOT SHOWN. PURSILANT 70 JE., 4J'2.e27 ORIDA STA
8�� 'i
S' BEARINGS AND COORDINATES ARE REFERENCED TO THE FLORIDA STATE PLANE COORDINATE 2. • i sra,'t� �'',� '',
SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983, NGS ADJUSTMENT OF 1990. ., ay, "� ` ' '') ,,, r
o i
ix PROPERTY UNE LOCATIONS AND PROPERTY LEGAL DESCRIPTION INFORMATION WAS
PROVIDED BY THE ST LUCIE COUNTY GIS DEPARTMENT.03
�gq >LI
11 LINE DEPICTING LANDWARD LIMITS OF CONSTRUCTION PROVIDED BY COASTAL TECHNOLOGY '-fi'RdFESSIONAL SURVEYOR AND MAPF,Ff1/ 63 9" '
tx CORPORATION. .. . STATE OF FZ.0,IDA is old 0 •
W :i'.. '
CD
Morgan & Eklund Inc. SKETCH OF LEGAL-DOCSAC -' '.' •-- "9
(13
PROFESSIONAL SURVEY CONSULTANTS PARCEL 45111100001�J006 sa1��`� . 1 MOLE
ioo
1812 NW 2ND AVENUE
SOUTH St WOE COUNTY BEACH RESTORKRON
ET, M&E 4909 US HIGHWAY/1 SUITE 3 FOR ST. WCIE COUNTY EROSION. ISTRICT 11/DOE
ET,
VERO BEACH FL 32967 BOCA RATON FL 33432
-8 PHONE 17772) 388-5364 PHONE (954) 421-6882 DMA If CHEIOZD B. NIB soar WE OF su'E.
cn FAX: (7F2) 388-3165 LB /4298 FAX: (9 ) 421-0425 LFP DWC p10EM7 *• seer 3 or 3
x
Waiver of Right to Receive Fair Market Value
WHEREAS (Owner) desires to donate to St. Lucie County Erosion District, a dependent special
district of St. Lucie County, a political subdivision of the State of Florida, a perpetual beach storm
damage reduction easement, to construct; preserve; patrol; operate; maintain; repair; rehabilitate;
and replace a public beach dune system, and other erosion control and storm damage reduction
measures associated with The St. Lucie County, Florida Coastal Storm Risk Management Project
(PROJECT NAME).
AND WHEREAS under the applicable provisions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970,Public Law 91-646,as amended,any landowner donating
lands,easements,rights-of-way,and dredged material disposal areas for construction and subsequent
operation and maintenance for Federal or Federally assisted projects is entitled to receive fair market
value as compensation for said property.
NOW BE IT KNOWN that the landowner hereby acknowledges the fact that he/she/it is aware of
the right to receive fair market value for the above-described easement and does hereby forever
waive such right to receive fair market value for the easement. This waiver is binding upon said
landowners, his/her/its heirs, successors, and assigns.
10330 S Ocean, LLC,
61-.-.. V 7u -, me nlr,LCC, trs m a 7"4--
Witness Signature: %,) F'Signature:��`j�/�t,vC_ .� •L� �(i�
dA\ Y.I.IM akAN. : ,G G.t�c'v/Rti Print Witness Name: Title.-
Witness Signature: IANIM A.,/• • • / 0741()49-1
Valerie Amaya
Print Witness Name: